Open Society Foundations International Migration Initiative Migration Governance And Enforcement Portfolio Review

OPEN SOCIETY FOUNDATIONS - INTERNATIONAL MIGRATION INITIATIVE

Migration Governance and Enforcement
Portfolio Review

Prepared by Anna Crowley and Kate Rosin
May 12, 2016

J OPEN SOCIETY

Z FOUNDATIONS

Introduction

Since its inception in 2010, IMI has gradually built portfolios around migration corridors,
starting with Asia/Middle East and Central America/Mexico before adding Russia/Central Asia
in mid-2013. Simultaneously, IMI made a small number of grants for projects or to
organizations with a global reach. Those early "global" grants were awarded to well-
established, leading organizations that cover multiple geographies and a range of thematic
issues relevant to IMI's overarching mission.

Under review in this paper are two separate categories of work— Governance and
Enforcement. These evolved from earlier work focused on migration policymaking and
detention issues. Over time, these two themes became clearer in focus and we combined them
into a single category of work in our 2016-2019 strategy, which is now titled Migration Policy
and Enforcement.

During the review period (2014-2016), IMI provided 40 grants to 22 organizations. Of these, 18
grants totaling $4,350,705 went to 11 organizations working at the global level or cutting
across a range of geographies. An additional 22 grants totaling $3,792,697 went to 11
organizations working on governance and enforcement issues at the corridor level. 1 This
review will focus on work at the global and cross-cutting levels, only because much of the
corridor-based work has been or will be reviewed elsewhere.

A review of this portfolio at this point in time will help us consider the effectiveness of the
approaches we have used to achieve change at the international level. This is all the more
relevant now, as the current refugee crisis is creating space to reconsider the governance of
migration and the international refugee regime.

Our Ambitions

IMI's 2014-2017 strategy on Governance sought to strengthen norm-setting at the regional and
international levels to more effectively protect the rights of migrants. Our support to the field
aimed to: (1) strengthen civil society interventions in international policy debates; and (2) build
the capacity of policymakers to better manage the challenges of migration.

With respect to Enforcement, we aimed to prevent the violation of migrants' rights by
minimizing harsh border controls and decreasing the widespread use of detention and
deportation. Our support to the field involved three approaches: (1) increasing documentation,
analysis, and reporting of enforcement practices; (2) advocating for improved detention
conditions and access to detention facilities; and (3) promoting alternative solutions to
immigration detention.

Our premise for engaging in work related to governance was that, in addition to mitigating the
negative effects of enforcement, we should also be supporting actors in the field proactively
seeking to change the policies, rules, and regulations that govern migration. We also believed

1 Grants at the corridor level address work across all of IMI's priority areas - governance, enforcement and labor.
Until 2016, we did not have the budget tools to accurately document and track exact proportions of each grant
allocated to individual categories of work. However, we can estimate that roughly half of the amount for the
corridor grants ($3,792,697) went to support work on enforcement and governance, while the other half
supported IMI's third category of work, Labor Migration.

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 1

that advances at the regional or international levels could create impetus for policy change or
implementation of existing norms at the national level. We deliberately avoided the term
"global governance" because there is no single system at the global level for managing
migration. While there is an international refugee protection regime, there is no global system
for other types of mobility, such as forced migration or labor migration. Additionally, migration
policy is most often set and enforced at the national or regional levels, even if standard-setting
at the international level can impact outcomes elsewhere.

In the subsequent 2016-2019 strategy, we presented a more evolved vision of the relationship
between enforcement and governance. Our thinking was that since enforcement practices are
a manifestation of migration policy, we should aspire to change the overall approach to
migration policy in addition to mitigating harmful effects of current policies. We abandoned
the term governance in favor of migration policy because governance had no single
institutional target for reform. The assumption underlying this work was that security-centered
policies did not stop migration and instead put migrants at risk. Policies that maximized options
for movement through safe, legal channels would decrease both the human costs of migration
and spending on migration control and border enforcement. While this theory is only now
being tested in this first year of the strategy, it developed contemporaneously with the
implementation of the work under review, and provides insight into the thinking that informed
our decision making with respect to work under both Governance and Enforcement.

As our aspirations have evolved, our targets have shifted from harm reduction to more
proactive solutions-based policy influencing. However, our programmatic ambitions have been
tempered by the nature of our small and relatively new program. IMI has had to be selective
and opportunistic, particularly at the global level, in supporting leaders in the field to push
thinking on migration and better coordinate advocacy and reform efforts. We have supported
initiatives, organizations, and networks whose work ties directly to our aims in the corridors.

Our Place

In our 2014-2017 strategy, we highlighted trends in international migration, including the
dearth of governments willing to advocate for migrant rights at the regional and global levels
and the risk that new migration regimes would develop in ways that were antithetical to
human rights. We noted opportunities for reform provided by the 2013 UN High Level Dialogue
on Migration and Development and the "faltering migration system" in the European Union.

IMI has sought to capitalize on OSF's global reach, treating migration as a phenomenon that
should be understood across a broad range of geographies and multiple jurisdictions. We
initially described the field as one in which few stakeholders worked effectively across borders,
despite the transnational nature of migration and the need for cooperation. OSF and the
MacArthur Foundation have been the only private foundations willing to invest in shaping
migration discussions at the global level. Development agencies and INGOs tend to deal with
the causes and effects of migration at the national or regional levels, often ignoring or
overlooking the potential to feed local perspectives and learnings into global processes. A
notable exception has been the Swiss Agency for Development and Cooperation, which is
actively engaged in global fora on migration.

Early on, IMI identified a handful of organizations able to engage on migration globally and
transnational^, elevating IMI's corridor work beyond the national level. These included key

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 2

think tanks such as the Migration Policy Institute (MPI) and advocacy networks such as the
International Detention Coalition (IDC). IMI initially chose not to work in Europe, and therefore
did not engage with leading academic policy centers such as Oxford's Centre on Migration,
Policy and Society (COMPAS). We also considered supporting global rights watchdogs, such as
Human Rights Watch and Amnesty International, to promote migrant rights. However, we saw
greater potential for constructive policy engagement through different approaches than those
that solely adopted a rights angle.

Looking back, our baseline assessments and projections were correct. Engagement with the
Global Forum on Migration and Development (GFMD) helped galvanize civil society around a
common advocacy agenda and served as the foundation for the High Level Dialogue, which set
the stage for migration to be incorporated into the Sustainable Development Goals. The
European asylum system collapsed, revealing the limitations of the overall global system of
protection.

However, we could not have predicted the pace or severity of the migration crisis in Europe,
nor how it would affect the global state of play. The situation in Europe created renewed
momentum and interest in questions of migration governance at the international level. Most
notably, issues of international protection and global responsibility-sharing will feature in high-
level events this September, convened by the UN and the US. The refugee crisis and the fear
that the interests of migrants fleeing poverty, climate change, generalized violence, or natural
disaster would be overlooked at these fora have generated a push from G77 countries to
ensure other migration issues remain on the global agenda. This has created space within this
year's international cycle of events to examine protections for undocumented and other
vulnerable migrants and to explore possibilities for multi-stakeholder collaboration for support
to migrants as well as refugees.

These developments have, since late 2015, resulted in a fundamental shift in the field. Events
in the Mediterranean have attracted the attention of donor governments, philanthropic actors,
and the private sector, and are spurring new partnerships within civil society. While the lead-
up to the 2013 UN HLD was characterized by a field of primarily migrant rights actors, this year,
action at the international level has expanded to those working on asylum issues, as well as
humanitarian and development actors. The current climate presents new opportunities for
reforming migration governance at the global level, whether through the existing multi-lateral
system, or by bringing together a range of actors to think more innovatively. Our long-standing
interest and investment in global work means we have many of the right partners and are
positioned to help others navigate this space.

Our Work

Within the categories of work under review (Governance and Enforcement), we have
supported leaders in the field, including think tanks and policy centers, civil society networks,
and individual members of those networks, to shape migration policymaking and influence
regional and global processes affecting the way migration is governed and enforced. This
section considers IMI's role in supporting these actors, our efforts to link our global and
corridor-level work, and our engagement with peer donors.

Influencing migration policy through think tanks and policy centers

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 3

Our grants to three organizations aimed, collectively, to fill critical knowledge gaps and
facilitate dialogue (MPI), provide practical recommendations for reforming global migration
governance (Columbia Global Policy Initiative), and build the capacity and networks of
policymakers (Central European University's School of Public Policy).

The nature of general support makes it challenging to draw a causal relationship between our
funding to MPI and specific policy gains. As a leading institution in the migration policy field,

MPI has played an essential role in advancing issues to which IMI is committed. MPI is IMI's
only grantee working across all our thematic areas (Labor, Governance, and Enforcement), and
all our geographies. Its value to IMI and OSF more broadly was such that in 2011, we proposed
to Aryeh Neier that MPI support be elevated to the level of a Presidential grant as an anchor
grantee.

While MPI is sometimes criticized for its closeness to governments, flexible funding from OSF
has allowed it to maintain some independence from the governments it advises. This is
particularly important, as its revenue stream increasingly comes directly from government
clients. Moreover, our support during the first few years of the program has prompted MPI
leadership to develop a greater appreciation for civil society perspectives and civil society's role
supporting policy development and implementation. For example, MPI-Europe partnered with
the European Council on Refugees and Exiles to engage civil society actors in a process to
develop new policy proposals and facilitate civil society engagement with policymakers.
Similarly, MPI's Transatlantic Council on Migration and the Central America Migration Study
Group have provided opportunities for experts, senior political leaders, policymakers, and civil
society to come together to catalyze changes to migration policies.

Despite these successes, IMI could have questioned more deeply MPI's role as the program's
primary anchor grantee. MPI's strengths lie in its ability to fill critical knowledge gaps and
convene experts and policymakers, but in an increasingly polarized political environment, we
could question whether its traditional methods of influencing policy remain effective. While
MPI brings together some of the best minds in the field, it does not consider itself part of a
community of think tanks. It engages with a variety of actors, but does not give back to the
field. In recent years, we arguably could have sought out other groups working on migration
policy, but were hesitant to over-invest in work at the global level at the expense of our
engagement on the ground. Our high level of commitment— $2,200,000 or 51% of the total
funds spent under the review period on our global/cross-cutting Governance and Enforcement
work— to a single entity limited IMI's flexibility to take advantage of new opportunities. In
hindsight, however, this may not have changed our decision to support MPI at this level.

The Columbia Global Policy Initiative (CGPI), which hosts the secretariat for Peter Sutherland,
the UN Secretary General's Special Representative on International Migration, has been able to
take advantage of momentum created by the current crisis to shape conversations about
rethinking migration governance. IMI provided project support for the drafting of The
Sutherland Report, which aims to set the stage for institutional reforms to global migration
governance, and to break new ground on protections for migrants outside the asylum system.

When we made the CGPI grant, even we were somewhat skeptical about the appetite for
reform of the institutions that govern elements of migration at the international level, and the
pace at which it might proceed. Nonetheless, we recognized the importance of starting this
discussion, and the political capital Sutherland could leverage to bring high-level attention to
the issue. This gamble has arguably paid off: as the September UN and President Obama's

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 4

summits on migrants and refugees have taken shape, Sutherland's team has effectively drawn
on work and thinking it had already done to influence the scope and deliverables of these two
meetings. IMI's access to the Sutherland team's discussions has allowed us to keep civil society
partners up-to-date on the latest developments, in order to inform advocacy and campaigning
strategies prior to the events and to plan follow up actions.

CGPI's elite-level behind the scenes advocacy through Peter Sutherland, has positioned its
team of experts to influence policy and practical follow-up to global events. This has been
complemented by MPI's neutral voice and ability to generate the policy-relevant research and
evidence base needed to shape migration debates. This pairing has worked well and there is a
natural collaboration between the experts that both centers engage. This was more the result
of opportunism than a deliberate strategy on IMI's part to ensure that the research and
evidence bases found political champions capable of taking ideas and proposals forward. In
retrospect, we could have done a better job of developing strategies to balance support to
institutions producing research for policymaking with those pursuing advocacy to generate
political will for reform both in the corridors and at the global level.

As part of our work on governance we have also maintained a commitment to increasing the
capacity of policymakers, supporting Central European University's School of Public Policy (SPP)
to develop and deliver a course on Migration Policy in a European Context. 2 The project may be
considered a success in that it helped create a bridge between academic, government, and
advocacy communities. Moreover, as the refugee crisis continues to develop, the course has
become more relevant, and SPP has used this as an anchor for a host of other activities related
to migration policy and the crisis. Relevance and popularity of the course aside, we can
question the degree to which this type of work has contributed to our goal of building the
capacity of policymakers: many of the course's participants aspire to be policymakers, but only
a few are currently policymakers in a position to have impact.

Our support to policymaking reflects a diversity of approaches, but an unconvincing diversity of
actors. In hindsight, we should have considered which other voices or institutions should have
been engaged at this level and whether a greater plurality of perspectives could have helped us
achieve our aims or would have produced different results entirely.

Civil society networks and global reach

Support to several civil society networks has formed the core of IMI's approach to advocacy at
the global and regional levels. These include the Global Coalition on Migration (GCM) and IDC.
GCM is a coalition of regional and international networks working to impact global policy on
migration, and on migrant and labor rights. Many members, such as Migrant Forum in Asia
(MFA), Alianza Americas, Platform for Cooperation on Undocumented Migrants (PICUM), and
the International Catholic Migration Commission (ICMC), are or have been grantees of IMI or
other parts of OSF for their work in national and regional contexts. GCM was seeded by the
MacArthur Foundation in 2012; IMI complemented that funding starting in 2013. IDC is a
network with over 300 members across 70 countries that advocates for, researches, and

2 This line of work was initially conceived as a series of seminars for senior level government officials to be
implemented by CEU's SPP and MPI. Following a series of setbacks, including difficulty in reaching the most
appropriate policymakers, challenges in the relationship between SPP and MPI, and operational difficulties, IMI
and SPP redesigned the program in 2014 as a course on Migration Policy in a European Context.

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 5

provides direct services to refugees, asylum-seekers, and migrants affected by immigration
detention.

In addition, IMI supported ICMC to serve as the technical secretariat for civil society
coordination leading up to the UN HLD on International Migration and Development in 2013
and the EU-African Union high-level summit on migration in 2015. ICMC has the operational
capacity and legitimacy in the field to quickly staff up to perform technical coordination tasks.
However, decision-making regarding content and civil society positions has remained the
purview of formal or informal coalitions of civil society actors, including members of GCM and
others.

IMI made a strategic bet that, given the small size of our program, supporting networks was
the best way to represent a broad and diverse set of voices, including those of migrant-led
groups. Our support to GCM was based on the premise that it would amplify migrant voices
and frontline perspectives into discussions at the global level through a network of networks,
and that in turn, the participating organizations would then translate the outcomes of these
processes back to a grassroots level. Similarly, we expected that our investment in IDC would
build an international movement for alternatives to detention through their members on the
ground.

In both cases, we have found that the networks successfully coordinated advocacy agendas
and shaped the outcomes of global processes in meaningful ways. In the case of GCM, the five-
year, eight-point plan it developed for the UN HLD continues to serve as a guide for civil society
engagement with governments on a range of issues, including: redefinition of interaction
between international mechanisms for migrant rights protection; inclusion of migration in the
SDGs; recruitment regulation and labor rights; and protection of migrants in crisis. IDC has built
momentum around alternatives to detention, and has secured commitments and statements
from treaty bodies and special mandate holders in support of ending or limiting immigration
detention, particularly of children and families. Starting from a baseline at which civil society
struggled to coordinate messaging, these successes are remarkable. At the same time, both
networks were unable to fully capitalize on these achievements by feeding them back down to
advocacy at the regional or local levels.

A combination of problems with their approaches, as well as structural and funding issues not
uncommon to networks account for these mixed results. Where GCM succeeded it was due to
strong political leadership from a handful of its members. At the same time, it has been
plagued by inequalities in the capacity and funding of members. Consensus-based decision
making coupled with a poorly defined role for GCM's secretariat hampered its ability to
respond to situations as they emerged, or to have an impact beyond the global cycle of events.
We underestimated the resources needed to link gains at the global level to national level work
and did not adequately plan for follow-up to major events. We made a small grant to GCM in
2015 for an organizational assessment and strategy development after problems had become
acute, and they have re-emerged with a new streamlined structure and a clearer
understanding of both the value the offer and their own priorities. We will provide somewhat
flexible (though still project) support to GCM's secretariat this year; it will help them test their
new structure and contribute to September's high-level events, but will also place a greater
emphasis on follow-up through the end of 2017.

For its part, IDC has struggled to effectively engage its vast membership. As attention to
alternatives to detention has grown over the last five years, so has demand for technical

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 6

support and advice from IDC. Immigration detention practices continue to emerge and change,
particularly in crisis contexts, putting further pressure on their ability to serve members.
However, shortcomings in IDC's model for member engagement and capacity building have not
allowed it to adequately support all those members seeking to take advantage of emerging
local opportunities. IDC's management has been slow to recognize this gap, and has only
recently begun fundraising to cover it. In August 2015, when we transitioned from project to
general support, we understood these challenges, and saw flexible funding as part of the
solution.

We have been surprised by the lack of political savvy on the part of the networks' leaders, and
are now recognizing the need to invest in building their capacity to engage effectively with
policymakers outside their home contexts. While there has been increased receptivity to civil
society voices in policy circles, and our grantees have made some notable contributions to
global events, their interventions tend to be less effective than those of more seasoned policy
advocates. This could potentially jeopardize their place at the table. The capacity divide
between civil society networks and those, usually more academic actors, operating in policy
circles remains significant, and we arguably should be doing more to close it by facilitating
closer cooperation between them and investing more to help the former better understand
and navigate the political space.

Both networks have the potential for tremendous reach globally, but we also now recognize
that networks are not the only way to achieve such reach. In hindsight, we could have
considered building a stronger cohort of organizations specializing in migration with capacity to
engage across geographies. Alternatively, we could have leveraged OSF partnerships with
important players in the field of global rights to conduct advocacy on migrant rights.

Linking global and cross-cutting work and corridor level work

As noted in the background section, work that developed at the global or cross-cutting level
across all themes has always been intended to support the aims, strategies, and approaches
that we are pursuing within the corridors. The networks discussed above have served as
important vehicles for regional-level partners, such as MFA in the Asia/Middle East corridor
and Alianza Americas in the Central America/ Mexico corridor, to contribute their insights to
global advocacy, while benefiting from comparative approaches. Links between the Eurasia
corridor and the global work have begun to develop as a direct result of IMI's engagement. IDC
members in the corridors, such as Sin Fronteras in Mexico and Tamkeen in Jordan, have
enriched IDC's perspectives and benefitted from in-depth practitioner understanding of
national contexts.

These successes have encouraged us to continue to deepening links between projects at the
global level and concrete work in the corridors. For example, with respect to governance work,
the International Migrants Bill of Rights (IMBR) Initiative at Georgetown Law School is currently
collaborating with the Inter-American Commission on Human Rights to develop a set of
Guidelines on the Protection of the Rights of Migrants in the Americas. As IMI's partners in the
region promote protections for migrants in the context of a serious displacement crisis, the
IMBR Initiative has the potential to provide these groups with tools for advocacy. Similarly,

IMI's support for the Institute for Human Rights and Business links directly to our work in the
Asia/Middle East corridor: funding will be used to organize a series of convenings where the
construction industry in the Gulf can come together to discuss common challenges around
worker welfare.

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 7

Despite positive examples of cooperation between partners at the global and corridor levels,
more could have been done to foster formal and informal connections between IMI grantees
at all levels. Grantees at the grassroots level often need greater support in identifying and
accessing organizations that could share expertise or provide comparative perspectives on
strategies or models they might employ in their local contexts. We did not set aside adequate
funding to support linkages between these groups by having networks or actors working
globally conduct outreach or provide advice to actors on the local level. We could have done
more to identify and maximize synergies by involving program officers responsible for corridors
more actively in reviews of global grants or by convening IMI grantees from different
geographies along thematic lines. Another option might have been to allocate funds for key
actors on the ground to engage more systematically with global processes or with partners
working at the global level.

Operationally, this work at the global level was initially managed separately from the corridor
portfolios. Gradually, however, as IMI has grown, the governance and enforcement work at the
global level was assumed by Program Officer Anna Crowley, who was hired to manage not only
the Eurasia corridor but also the global grants. This has allowed for greater scope for
engagement with each grantee and cultivation of links between those organizations and
grantees in the corridors.

Donor coordination and collaboration

IMI has benefitted from a productive relationship with the MacArthur Foundation, one of the
first private funders to invest in migration work at the global level. MacArthur, however, is
currently exiting the field. In contrast to the corridors, where IMI has had relative success in
bringing new donors or influencing other donor approaches, it is difficult for traditional funders
to immediately see the value of investing at the global level. We had not initially identified
attracting new donors as an explicit goal or strategy. In hindsight, considering the difficulties
our advocacy partners have faced in securing unrestricted funds that would allow them to
engage in global debates on their own terms, this should have been an integral part of our
strategy. The refugee crisis is opening new opportunities for this.

We have, nonetheless, had some success in attracting donors to IMI priority issue areas in
Governance and Enforcement, most notably, through the European Program on Integration
and Migration (EPIM), a donor collaborative. IMI played a central role in establishing and
influencing the goals of two new EPIM sub-funds on the Common European Asylum System
(CEAS) and immigration detention. The immigration detention sub-fund, which aims to reduce
the use of detention, to improve monitoring and accountability, and to promote alternatives to
detention, is a new issue area for many.

Learnings/Conclusion

Reflecting on our portfolio in light of dramatic shifts in the external environment over the past
two years, we can draw general conclusions of relevance to the migration field and the current
refugee crisis.

Grappling with political environments in influencing migration policies

With the rise of the radical right and growing intolerance toward migrants, the space to design
and influence rational migration policies is increasingly constrained. Many of our partners are
well-positioned to analyze and produce evidence bases for policy solutions, or to advocate for

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 8

protections, but traditional arguments are not working. It is worth reexamining methods of
influencing and experimenting with framings and argumentation, both at elite and popular
levels.

Accepting the current crisis as the new normal and moving beyond the need to react

Observing our partners as they respond and adjust to the new reality in light of the crisis in
Europe and the Mediterranean, we see little attention given to long-term planning or
fundamentally new approaches to advocacy. There is a need to create more space for
reflection, stock-taking and development of mid- and longer-term strategies.

In addition, analysis of our investments in Governance and Enforcement has produced the
following learnings that apply to our decisions as grant-makers:

Influencing policy

• Assess the balance between generating evidence to inform policymaking and the need
to engage politically to create will for reform.

• Consider bringing a greater diversity of actors to policy spaces.

• Invest in capacity building of key civil society networks to engage in policy discussions
and to navigate the political elements of migration debates.

Supporting networks

• Consider the specificity of supporting networks and build in resources for capacity
building or other technical advice.

• Ensure better financial health for secretariats of networks and plan for targeted support
to individual members. Use a combination of project support and more flexible core
funding.

• When engaging networks in coordinating around global events, ensure project cycles
allow adequate time for long-term planning, including substantive follow-up.

Fostering collaboration among IMI grantees

• Actively identify potential opportunities for coordination and cooperation among
grantees at various levels— in the corridors and globally.

• Build in funds for grassroots groups to participate in events and processes at regional
and global levels.

• Ensure global grantees have sufficient resources, where needed, to do outreach to
actors in local contexts.

Donor engagement

• Develop clear messaging targeting other donors, particularly philanthropic actors, on
the importance of approaching migration as a global phenomenon.

• Position IMI as a resource to other donors with respect to current discussions on the
global stage.

International Migration Initiative Portfolio Review | Governance and Enforcement | Page 9